Reg. Mtg. #6 - Mtg. #8

A Regular Meeting of the Town Board of the Town of Orchard Park, Erie County, New York was held at the Municipal Building at Orchard Park, New York on the 18th day of March, 1981 at 8:00 P.M. EST and there were

PRESENT AT ROLL CALL:

E. B. Woodard Supervisor

J. J. Biggins Councilman

R. P. Penny Councilman

D. J. Mill Councilman

D. P. Curley Councilman

Betty K. Reukauf Town Clerk

R. J. McNamara Town Attorney

R. W. Sweet Building Inspector

R. C. Henning Police Chief

R. A. Geitter Supt, Of Highways

M. R. Merritt Town Engineer

The meeting was called to order by the Supervisor, and the Pledge of Allegiance was rendered.

APPROVING MINUTES: THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:

RESOLVED that the minutes of the Regular Meeting of the Town Board, held on March 4, 1981, as presented by the Town Clerk be and are hereby approved, and be it further

RESOLVED that the reading of these minutes be and is hereby dispensed with as each member of the Town Board had previously received copies thereof.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #1 - E.C. Planning, Eden-Boston Agriculture District.

1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN PENNY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to support the continuation of the Eden-Boston Agriculture District,, and be it further

RESOLVED that the Town Clerk be and is hereby directed to send a certified copy of this resolution to Mr. Chet Jandzinski at the Erie County Department of Planning.

Before the vote was taken, Frank Newton reviewed the reasons for the Eden-Boston Agri-culture District and noted that the District must review the lands therein every eight years.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #2 - Empire Soils Investigations Inc., rezone property from R3 to B2.

THE FOLLOWING RESOLUTION' WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN PENNY, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to schedule a Public Hearing on April 15, 1981 at 8:15 P.M. EST in the matter of a petition from Empire Soils Investigation Inc., 3858 Sheldon Rd. to rezone property from R3 to B2 to permit expansion of existing business, and be it further

RESOLVED that the Town Clerk be and is hereby directed to publish due notice thereof.

Before the vote was taken, Chairman of the Planning Board, Lorraine Biryla, reviewed the recommendation of the Planning Board on March 11, 1981.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #3 - Liberty Wooderafts, Benzinn Rd. Request for Building Permit.

3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN PENNY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to approve the request from Liberty Woodcrafts, 3300 Benzing Road, for a building permit as recommended by the Planning Board March 11, 1981.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #4 - J. Janik, N. Buffalo Rd. - Change in Use C/O from Office to Day Care Center.

THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to approve the request from Joyce Janik, 3573 N. Buffalo Road for a Change in Use Certificate of Occupancy from Office to Day Care Center as recommended by the Planning Board March 11, 1981.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #5 - J. Lewandowski, Big Tree Rd. - Special Exception Use in R3 zone.

4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to schedule a Public Hearing on April 15, 1981 at 8:45 P.M. EST in the matter of a petition from Jerold Lewandowski, 5457 Big Tree Road to rezone property from R2 to R3 to conform property to area zoning and to permit the petitioner to petition for a Special Exception Use in an R3 zone for a furniture repair and refinishing home occupation, as recommended by the Planning Board on March 11, 1981, and be it further

RESOLVED that the Town Clerk be and is hereby directed to publish due notice thereof.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #6 - A.Druzbik, Krafft Printing Service, Lake Ave.-Special Exception Use.

5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to schedule a Public Hearing on April 15, 1981 at 9:00 P.M. EST in the matter of a petition from Anthony Druzbik - Krafft Printing Service, 5420 Lake Ave. for a Special Exception Use - Home Occupation in an R3 zone as recommended by the Planning Board on March 11, 1981 with stipulations, and be it further

RESOLVED that the Town Clerk be and is hereby directed to publish due notice thereof.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #7 - Award Town Radio repair and maintenance Contract.

7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to award the bid for Town Radio repair and maintenance Contract for 1981 to Gordon F. Bennett Inc., 3458 Union Road, Cheektowaga, New York they being the lowest responsible bidder therefore as recommended by the Town Board and concerned. Department Heads.

THE RESOLUTION WAS UNANIMOUSLY ADOPT.

Old Business #8 (not on Agenda) Lancaster Homes Inc., P.B. as Lead Agency re: P.U.D. to R3.

8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to direct the Planning Board to act as lead agency, pursuant to the State Environmental Quality Review Act, in the matter of Lancaster Homes Inc., Chestnut Ridge Road to rezone property from P.U.D. to R3. This is a Type 1 Action as defined in the SEQR regulations.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #1 - G.Sheffer, Abbott Rd. - Zoning Laws.

9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:

WHEREAS, Gordon Sheffer, 3024 Abbott Road, appeared before the Board requesting an explanation of the Zoning Laws of the Town of Orchard Park for Agriculture areas in regard to raising of animals, especially pigs, and

WHEREAS, the Building Inspector has had complaints from concerned residents adjacent to farm operated lands, especially farm operated piggeries, and

WHEREAS, the Building Inspector has been in contact with the owners of farm operated piggeries within the Town of Orchard Park

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to direct the Building Inspector to defer action on any previous decision made in regard to piggeries with the

exception of the lands defined as 5808 Benning Road until the Town Board reviews related matters pertinent to farm operated piggeries as defined by the Town Zoning Laws, and be it further

RESOLVED that the Town Board shall review each case individually.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #2 - Receive & File - map, plan & report - Water District #19 ext. 1

10) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL,. TO WIT:

RESOLVED that the Town Board be and is hereby authorized to receive and file the map, plan and report in the matter of the proposed extension #1 to Water District #19.

The question of the adoption of the foregoing resolution was duly put on roll call, which resulted as follows!

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #3 - Schedule Public Hearing for W.D. #19 ext. 1.

11) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to adopt the Order in the matter of the proposed Extension #1 to Water District #19 scheduling a Public Hearing on April 15, 1981 at 9:15 P.M. EST, and be it further

RESOLVED that the Town Clerk be and is hereby directed to publish due notice thereof.

The question of the adoption of the foregoing resolution was duly put on roll call, which resulted as follows:

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

12) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:

WHEREAS, a request has been received from Rev. Edmund J. Dietzel, Pastor of St. John Vianney Church, 2950 Southwestern Blvd. requesting the Town Board to approve the name of the street leading into the Parish as "St. John Vianney Court", and

WHEREAS, St. John Vianney Church shall be responsible for the upkeep and maintenance of this street as they have in the past, and

WHEREAS, the Town of Orchard Park shall be under no obligation for repairs, plowing etc. of this street

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to approve the request from St. John Vianney Church to designate the street leading into the Parish as "St. John Vianney Court",

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Supervisor Woodard referred to the Lighting Committee a request from Dr. Costa, Chestnut Ridge Road and Powers Road for a lighting proposal for the installation of a light at the street entrance to his medical facility.

13) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:

WHEREAS, two very active community minded people are leaving Orchard Park to take up residence in Long Island, and

WHEREAS, Michael Cuddy has been a member of the Conservation Advisory Council and Ellen Cuddy has served as Executive Secretary for the Orchard Park. Chamber of Commerce for a number of years, and both Michael and Ellen have been very active in the Orchard Park Chamber of Commerce affairs

NOW, THEREFORE, be it

RESOLVED that the Town Board be and is hereby authorized to present Michael and Ellen Cuddy with the key to Orchard Park in appreciation for their many hard-working efforts made on behalf of Orchard Park hoping it will remind them of our "love" for them and hope sometime in the near future they shall return to our community.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Councilman Penny reaffirmed his support of the Toronto Seminar scheduled in May to offer interested Canadian Corporations an opportunity to investigate the locational advantages of Orchard Park.

14) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to schedule a bid opening on March 31, 1981 at 2:00 P.M. EST for Police Uniform Parts as requested by Police Chief Henning, and be it further

RESOLVED that the Town Clerk be and is hereby directed to publish due notice thereof.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Highway Superintendent Ron Geitter reported on 1) a letter from the State D.O.T. re-questing the Town submit monies by March 31st to participate in the "Bridge Inspection Program". He will research this program and report his decision on participation at the next meeting and 2) the Town Highway has scheduled "Spring Clean-up Weeks: April 13 to April 24, 1981.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

15) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to approve the request from the Highway Superintendent to schedule a bid opening on April, 1981 at 10:00 A.M. EST in the Supervisor's Office for a new 1981 Ton Pick-up Truck.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Councilman Mill reported on progress of the parking area being constructed behind the Jolls Property by the Town and Village work force. The immediate area businesses are still interested in extending parking behind their buildings and a definite decision will be made soon.

16) THE FOLLOWING RESOLUTION 'WAS OFFERED BY - COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN MILL, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to approve all entries on Warrant #4 and End of Month for February following auditing by members of the Town Board and in the funds indicated:

WARRANT #4 END OF MONTH

GENERAL FUND $98,542.97 $42,937.28

PART TOWN FUND 377.78 2,081.44

SPECIAL DISTRICTS 42,219.14 4,890.61

HIGHWAY FUND 9,045.50 14,743.27

TRUST & AGENCY FUND 11,981.32 46.18

FEDERAL REVENUE SHARING 677.53 2,046.02

CAPITAL FUND Sewer Dist. #18 2,497.50

CAPITAL FUND Water Dist. #17 200.00 -

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

17) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

RESOLVED that the Town Board be and $ hereby authorized to receive and file and refer to the Lighting Committee the Communication as entered on the Agenda:

1. New York State Electric & Gas Corp. - Street Lighting Proposal - Orchard Meadows Part 8 Phase 1 Orchard Lane 2.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

18) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN PENNY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to receive and file the report as entered on the Agenda:

1. 1980 Scrapbook from Historian John Printy.